Adjoining owners should understand that the primary objective of the Party Wall Act is to facilitate property development.
In exchange for the rights granted to the building owner to carry out specific works, there are certain obligations they must adhere to under the Party Wall Act. This includes the duty to provide advance notice before commencing any work.
The building owner bears legal responsibility for rectifying any damage resulting from the works, even if it’s caused by a contractor.
While you cannot prevent someone from exercising their rights granted by the Party Wall Act. You may have the ability to influence when and how the work is conducted. If you require guidance on safeguarding your property during the Party Wall process, please contact us for further assistance.
If you fail to respond to a notice from a building owner regarding work on an existing party structure or excavation, it will be considered a dispute.
In such a case, if a dispute arises regarding a new wall at the property boundary, and you decline to agree on the appointment of a mutually acceptable surveyor or to appoint one of your own. The building owner has the authority to appoint a second surveyor on your behalf. This enables the dispute resolution process to proceed even without your cooperation.
Adjoining Owners have the following rights:
- The ability to appoint a surveyor to resolve disputes.
- The right to demand reasonable measures to protect their property from foreseeable damage and ensure its security.
- The right not to endure unnecessary inconvenience.
- The entitlement to compensation for losses or damage caused by relevant works.
The option to request security for expenses before work begins under the Party Wall Act. This provides a safeguard against potential losses if the works are not completed as agreed.